HomeMy WebLinkAbout2018CV01 - SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 009 - ORDER ON RECUSALFort Collins Municipal Court,
Larimer County, Colorado
Court Address-, 215 N. Mason St., 1 '-1 floor
P.O. Box 580
Fort Collins. CO 80522
• COURT USE ONLY
Court Phone: 970-221-6800
Civil Case No.:
PLAINTIFFS: Eric Sutherland; J&M Distributing, DBA Fort
Collins Muffler and Automotive 2018-CIVIL01
►IVA
DEFENDANTS: THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, the governing body of a Colorado municipal
corporation; and THE ADMINISTRATION BRANCH OF THE
CITY OF FORT COLLINS, by and through its City Manager,
Darin Atteberry
ORDER ON RECUSAL
This matter comes before the Court upon motion of the Plaintiffs pursuant to C.R.C.P. 97. The
Court having reviewed the pleadings filed, the motion in support and response filed by Defendants
FINDS AND ORDERS as follows:
The Court agrees that procedural matters may be resolved while a disqualification motion is
pending, but given the current posture of this case, any ruling on acceptance of the response to
motion to dismiss or leave to fife such response would have an impact on the Plaintiffs substantive
rights as it may make the ultimate granting or denial of the motion to dismiss more or less likely.
Accordingly, the Court will not address the procedural issues at this time.
It is necessary to review the current C.R.C.P. 97 motion in the context of the unique
circumstances of the municipal court and other pending litigation in district court. The legal authority
cited by both Plaintiffs and Defendants, while correct, does not address the unique circumstances in
this situation. The Court can conclude it has no bias or prejudice towards any of the parties or a
personal interest in the outcome of the proceedings. Therefore, if the sole purpose of C.R.C.P. 97